1716-00-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Aradco Management Limited, Responding Party v. The United Food and Commercial Workers International Union, Local 1993, Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF CAROLINE ROWAN, VICE-CHAIR, AND BOARD MEMBER
R. R. MONTAGUE; September 14, 2000
1This is a displacement application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the "Act").
3The employees are currently represented by the intervenor.
4Having regard to the agreement of the parties, the Board further finds that:
all employees of Aradco Management Limited in the City of Windsor, save and except supervisors, persons above the rank of supervisor, office, clerical and sales staff,
constitute a unit of employees of the responding party appropriate for collective bargaining.
5It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
6The responding party disputes the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit. It gives notice under section 8.1 of the Act.
7After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted. The responding party, in any event, agrees that the ballots cast in the representation vote be counted.
8Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Aradco Management Limited in the City of Windsor, save and except supervisors, persons above the rank of supervisor, office, clerical and sales staff.
9The vote will be held on September 18, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
10All individuals who had an employment relationship with the responding party in the voting constituency on September 11, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 11, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
11Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
12The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
13Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
14The matter is referred to the Registrar.
"Caroline Rowan"
for the majority
DECISION OF BOARD MEMBER J. A. RONSON; September 14, 2000
It would appear that if the employer agrees to count the ballots, having pleaded that section 8.1 applies, then there may be no bar if the union loses the vote. In the circumstances then, no vote should take place until the section 8.1 issues are dealt with at a hearing. If a vote is ordered, then at the least the ballot box should be sealed until the section 8.1 issues are resolved.
"J. A. Ronson"